EXHIBIT 5
| DEERE & COMPANY |
| One John Deere Place, Moline, IL 61265 USA |
| Phone: 309-765-4675 |
| JenkinsJamesR@johndeere.com |
| James R. Jenkins |
| Senior Vice President and General Counsel |
25 February 2010
Deere & Company
One John Deere Place
Moline, IL 61265
Shares of Deere & Company Common Stock, $1 Par Value
In connection with the proposed issuance of shares of Deere & Company (Deere) common stock, $1 par value (the “Shares”), which may be granted under the John Deere Omnibus Equity and Incentive Plan (the “Plan”), I have examined, or caused to be examined, originals, or copies certified or otherwise identified to my satisfaction, of the Certificate of Incorporation of Deere, the By-Laws of Deere, the Plan, and such other documents, corporate and other records, certificates and papers as I deemed necessary to examine for the purpose of this opinion.
Based upon such examination, it is my opinion as Senior Vice President and General Counsel of Deere that:
1. Deere is a corporation duly incorporated and validly existing in good standing under the laws of the state of Delaware.
2. Such of the Shares as may be issued in accordance with the Plan will upon such issuance be legally issued, fully paid and non-assessable.
I am qualified to practice law in the State of Illinois and the State of Michigan and do not purport to be an expert on any laws other than the laws on the State of Illinois and the State of Michigan, the General Corporation Law of the State of Delaware and the Federal laws of the United States.
I hereby consent to the filing of this opinion as an exhibit to the Registration Statement of the Plan on Form S-8 (the “Registration Statement”), and further consent to the use of my name wherever appearing in the Registration Statement.
Sincerely, |
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/s/ James R. Jenkins |
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James R. Jenkins |
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Senior Vice President and General |
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Counsel |
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